LAHORE – Jurists say the memogate case has become alive after the commission inquiry report and is likely to draw a new picture on the national canvass for the protection of the state. They say the matter is highly serious for the reason it directly links to the security of the state.
Senior jurist and former Supreme Court Bar Association President Hamid Khan underlining seriousness of the matter and the consequences it can yield, says the Supreme Court has constituted a nine-member bench to further proceed with the matter and decide whether, a criminal case merits and trial is required thereon in light of the commission report.
“The report has prima facie found a serious offence to have been committed by Hussain Haqqani and possibility is there that others at the top of the government, including Presidency, are not kept out,” he added. He said Haqqani was only an Ambassador and on whose behest he acted and wrote to the foreign authorities will be determined through the investigations and the trial. In his view, Articles 5 and 6 as well section 124(A) of the PPC coupled with abetment clauses are attracted in the case, which however have to be decided by the court.  In his view, immunity under Article 248 may not be attracted in this case.
Senior jurist and former president LHCBA Ahmad Awais says the memogate case has assumed the course of trial wherein more revelations are likely to come forth. He said so far in his opinion, violation of Article 5 of the Constitution appears to have been committed by Hussain Haqqani and at the level of trial after registration of the case, the court will try to know on whose behest he attempted to put security apparatus of the state and nuclear arsenal at risk. Under article 5 of the Constitution allegiance to the state is a must and punishment for putting security of the state at risk, may be very strict, he added. He said reading Article 5 with other relevant provisions of the penal code, the nature of the case will be near the high treason if not exactly that.
Ahmad Awais said Hussain Haqqani who did not record statement before the SC-appointed Commission, would get a chance to defend himself at the trial level and the allegations would be established against him if again he did not appear before the court. Awais did not over rule the possibility of big name including President Asif Ali Zardari figuring in the case as the memo contents point a finger at him.
Former Secretary Supreme Court Bar Association Raja Zulqurnain says the findings made by the memo commission are not on a simple offence but very serious one which relates to security and integrity of the country. He said in light of the commission findings now a formal case under the high treason will be registered against the persons mentioned accused in the Commission findings and then the case will be challaned for trial which may be by a tribunal, the constitution of which is however is prerogative of the Executive.